Team Kimberlin Post of the Day


Bill Schmalfeldt got in over his head when he signed up to be one of Brett Kimberlin’s PR flacks. I’ve never figured out exactly why he followed in The Dread Pro-Se Kimberlin’s lawfare footsteps and began filing LOLsuit, but he did. I was a defendant in four of them and the lead defendant in two, LOLsuits I and IV. During the course of LOLsuit IV, Schmalfeldt got upset with me because I was interested in his communications with my codefendants, especially the anonymous blogger known as Paul Krendler. The TKPOTD for five years ago today engaged in a bit of pointage, laughery, and mockification of the Cabin Boy™.

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The Cabin Boy™ routinely sticks his nose into other people’s business, and he acts as if he believes that everyone else does the same.BotM201503282229Z

popcorn4bkThe Dreadful Pro-Se Schmalfeldt may have forgotten who he’s suing, but “Paul Krendler” is among the et al. in his Schmalfeldt v. Hoge, et al. LOLsuit2 that he’s filed in Howard County Circuit Court. That being the case, I have a interest in his communications with my codefendants. It was TDPS who made his communications with “Krendler” my business.

Stupid is as stupid does.

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LOLsuit IV saw a Maryland state court suit. Because Schmalfeldt didn’t effect service of process on any of the out-of-state defendants, and because with me as the only remaining  defendant, proper venue for the case was in my home county Carroll County. However, he had filed in Howard County. With those facts before the court, the judge found that she lacked jurisdiction over the case and dismissed it without have to bother deciding if the Cabin Boy™ had actually stated a claim upon which relief could be granted.

Everything proceed as I had foreseen.

The Other Podcast


Stacy McCain and I will be at our microphones at 7 pm ET this evening with a special two-hour edition of The Other Podcast. The program started at CPAC in 2018, and we will be doing this third anniversary show from the conference.

http://tobtr.com/s/11684911

Give us a call at (646) 668-2541 and join in the fun.

Likely topics include CPAC, Fake Russian Collusion, South Carolina, and Crazy People Are Dangerous™.

Team Kimberlin Post of the Day


An important reason for the failure of all of the legal actions filled by Team Kimberlin during their campaign of lawfare was their gross misunderstanding of the law—as this Prevarication Du Jour from four years ago today reveals.

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The Cabin Boy™ has tweeted this—Cheddar201602281636ZThe Gentle Reader who has been following Schmalfeldt’s career of cyberfoolishness will not be surprised to find that the Cabin Boy™ is wrong. Here’s the EFF’s take on the Communications Decency Act—

Section 230 says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (47 U.S.C. § 230). In other words, online intermediaries that host or republish speech are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. The protected intermediaries include not only regular Internet Service Providers (ISPs), but also a range of “interactive computer service providers,” including basically any online service that publishes third-party content.

CDA 230: The Most Important Law Protecting Internet Speech

Here’s what the General Counsel of Automattic, the company that owns WordPress.Com has to say about the value of 47 U.S.C. § 230’s protection afforded to publishers of third-party speech on the Internet—

I think to the extent that it protects speech, you can’t get much more expansive. I think the concept of no third-party liability is good.

You can find that and more concerning WordPress and the Communications Decency act here.

Here’s what the Seventh Circuit Court of Appeals thinks—

What §230(c)(1) says is that an online information system must not “be treated as the publisher or speaker of any information provided by” someone else.

Chicago Lawyers’ Committee for Civil Rights Under Law v. Craigslist, 519 F.3d 666, 671 (7th Cir. 2008).

No, the EFF and WordPress.com agree with me. So do lots of federal courts, including the Seventh Circuit Court of Appeals (Wisconsin is in the Seventh Circuit). Of course, the Cabin Boy’s™ misunderstanding of the Communications Decency Act has been pointed out to him before, but he continues to insist that his interpretation overrides the case law. It’s that sort of pigheadedness that will make his loss in LOLsuit VI: The Undiscovered Krendler so expensive.

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BTW, I originally considered titling that post as a Legal LULZ Du Jour, but on second thought it seemed that after so many losses that even Schmalfeldt would understand the protection § 230 offers and that he was now simply lying.